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Results 1 to 6 of 6

Thread: I have a court hearing on I-485

  1. #1
    Hello

    Its been 3 years and finally something is gonna happen but I want to give you guys a short sum up. I am a Canadian citizen, My step-father applied for my green card in June of 06' and after my interview my I-485 was Denied but then my I-130 was approved. The I-485 was denied because back in 1996 My mother and I had permitted residence through her ex husband, we abanned our status in 2001 and moved back to Canada, My mom's status was removed however mine wasn't. So in other words, My status has not changed and that USCIS canNOT give someone two statuses (I later appealed the decision). Later, my I-130 was reconsidered and DENIED, the officer found out that my step-father and my mom had divorce files but never went through it so he denied and I later appealed it.

    Currently My I-130 is at the immigration appeals board.

    In December 2008, I received a letter about my I-485 and my status, it was found that my status was removed back in 2000 and that a notice to appear in removal proceedings will be served. Is this good news? cause I have mixed emotions about this cause I honesty dont understand it.

    Id appreciate it someone with a better understanding.

  2. #2
    Hello

    Its been 3 years and finally something is gonna happen but I want to give you guys a short sum up. I am a Canadian citizen, My step-father applied for my green card in June of 06' and after my interview my I-485 was Denied but then my I-130 was approved. The I-485 was denied because back in 1996 My mother and I had permitted residence through her ex husband, we abanned our status in 2001 and moved back to Canada, My mom's status was removed however mine wasn't. So in other words, My status has not changed and that USCIS canNOT give someone two statuses (I later appealed the decision). Later, my I-130 was reconsidered and DENIED, the officer found out that my step-father and my mom had divorce files but never went through it so he denied and I later appealed it.

    Currently My I-130 is at the immigration appeals board.

    In December 2008, I received a letter about my I-485 and my status, it was found that my status was removed back in 2000 and that a notice to appear in removal proceedings will be served. Is this good news? cause I have mixed emotions about this cause I honesty dont understand it.

    Id appreciate it someone with a better understanding.

  3. #3
    Thanks for the update,

    it could be good news or bad news depending on the coutcome. Basically it is to determine whether one should be deported or removed from the U.S.

    Click here for some general info.

    And click here for more detailed info on the regulations of the process.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  4. #4
    The thing is that you will get your green card in the removal proceedings. You just have to get an attorney and go through the motions.

  5. #5
    Thank you for the response, how would I get a green card in removal proceedings. Forgot to mention that My I-130 approval was withdrawn after evidence showed my mom and my step-father filed for a divorce but never went through with it, so I provided evidence (Copies) of their divorce papers being withdrawn from the government.

    Im just really afraid of being banned from the U.S. cause I never di anything wrong and yet if they ask me to go ahead and re-file I will be all up for it.

  6. #6
    Helllo HIFI

    What is the status of your mother and stepfather now? Are they still married but living apart?(just never bothered to get divorced)

    I am little confused here. You said that you and your mother already had greencards thru her ex husband? aI will assume that your mother got divorced from him and you returned to Canada in 2001.. Were they conditional cards or Permanent cards that you both left the country on?

    BTW, How old are you?

    ok move forward to June 2006/ Mother remarried usc and he applied for greencards for you guys again. I-130 approved, but I-485 denied because you already had a greencard status showing in the system. So this was denied.

    Now uscis catches up with the old record and corrects situation that your permanent residence should not have remained valid. Generates a NTA for removal. YOu still had the approved I-130, but then it too was denied because your mother and stepfather were in divorce proceedings.

    So back to my first question of :What is status of mom and stepdad right now? are they together, and how old are you?


    Did yourr mom get her greencard based on the most current marriage that denied you?


    Based on what you answer, will decide if this is good news at the removal hearing or not. At best , you will ask for a continuance until a decision is made on the I-130 that is under appeal.

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